Bapu Vinayak Thakre vs. The Union Of INDIA Through Its Secretary And Others

Facts

These writ petitions involve numerous petitioners who were contractual ambulance drivers engaged through contractors or Zilla Parishads. The petitioners claim non-payment of salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, had issued a communication on January 24, 2023, requesting Zilla Parishads to provide details of salaries payable, including GST, and the quantum of funds required. The Zilla Parishads were asked to submit a specific format/chart detailing these requirements. The petitions also concern the termination of services of these contractual drivers without proper leave of the court, and the subsequent non-clearance of contractor bills.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum salaries at the lowest grade of the regular pay scale applicable to regular employees holding the same post, until further orders. Their services were also protected from termination without the leave of the Court, specifically concerning their contractual employment. The Court mandated that the concerned Zilla Parishads would intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries, filling in a chart annexed to a communication dated January 24, 2023, within 10 days. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Zilla Parishads or the contractors would assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in twelve equated monthly installments. The Court also held that the Principal Employer (Zilla Parishad or Contractor) would directly make payments to the drivers via bank transactions, which would not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. The Court also clarified that if any drivers were terminated or disengaged, they could raise an industrial dispute under the Industrial Disputes Act, 1947. The Court explicitly stated that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi, if desired. Finally, the Court directed that the Zilla Parishads or the State Government would adjust these direct salary payments against the bills of the contractors and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their minimum salaries at the lowest grade of the regular pay scale applicable to regular employees holding the same post, pending further orders in their writ petitions? 2. Whether the services of these contractual drivers can be terminated without the leave of the Court, solely in relation to their contractual employment? 3. Whether the Zilla Parishads are obligated to directly pay the salaries of these contractual drivers, considering the alleged non-payment by contractors? Arguments for the Petitioners: The petitioners argued that they have not been paid salaries for extended periods and sought directions for payment. They also contended that their services should not be terminated arbitrarily. They relied on various Supreme Court judgments concerning contractual employment and payment of wages. Arguments for the Revenue/State: The State and Zilla Parishads were directed to provide details regarding salary payments and the quantum of funds required. The judgment indicates that the State communicated a format for this purpose, which included GST. The State's stance on the direct payment and termination issues is not explicitly detailed in the provided excerpt, but they were involved in the process of assessing and potentially facilitating salary payments.